Senate approves measure to define and protect cemeteries, abandoned burial grounds

Senate Bill 146, which the Rules Committee offered by substitute, was presented to the Senate on Feb. 9 and described by the sponsor as a uniform statutory framework for defining and protecting cemeteries and burial grounds across Georgia.

The sponsor explained the substitute clarifies what constitutes an abandoned cemetery, establishes procedures for permits governing disinterment and reinterment, provides civil remedies for failures to secure required permits, and requires registration for burial spaces sold (which would be handled through the Secretary of State’s securities division for perpetual-care cemeteries). The sponsor said the bill is designed to help rural counties and family burial plots by creating consistent statewide rules.

During floor questioning a senator asked whether church cemeteries would be affected; the sponsor replied the bill would not change the legal rights, responsibilities or status of church cemeteries unless they meet the statutory definition of "abandoned" under the substitute, in which case the bill’s procedures would apply.

The Senate adopted the committee substitute and passed SB146 by substitute on a recorded vote of Ayes 46, Nays 0.